Mari Steed ha scritto 4 mesi fa
How the Injury Lawsuit Process Works
If you’ve been injured by an accident and are unable to seek compensation for medical bills or lost income, you may start a lawsuit. A lot of people aren’t certain about the litigation process.
In this blog post, we’ll examine five key litigation milestones each personal injury lawyers claim has to go through.
Time to File
Every state has a statute of limitations that defines the period of time following an accident when you have to bring a lawsuit. If you do not file your claim within the timeframe, it will almost always be dismissed.
After a case has been filed, the parties begin a process called discovery that involves exchanging information like documents, witness statements and depositions. This can take a long time depending on the nature of the case.
A good lawyer will then present a settlement demand. However, your lawyer can’t issue a settlement demand until you’ve reached the point of maximum medical improvement and are as recovered as possible.
You could also be required to adhere to additional time limits if you’ve been injured by an organization of the government or a doctor who is employed by the government. They are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your attorney can explain them in greater depth. These cases are typically resolved faster than other types of cases.
Statute of Limitations
If you wish to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, the statute of limitations “clock” begins to tick on the day you became injured. However there are exceptions to this rule that could effectively stop the clock in certain situations. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.
In certain cases, the statute of limitation may be reduced or extended. For example, if the plaintiff is mentally impaired or is underage. It is recommended to consult an experienced injury attorney to determine the precise limitation period that applies to your particular case. If you try to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences for injury attorney the victim and their family.
Damages
The person who wins an injury case is entitled to damages. They can include money for medical expenses as well as lost wages and other incident-related expenses. Other damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.
The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.
Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or requires you to take a vacation or sick leave are simple to determine. General damages, also referred to as pain and suffering are harder to quantify. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. Severe injuries will generally result in greater general damages awards than small or short-lasting injuries.
Mediation
Although it’s not an obligatory element in every injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.
The mediator will ask you questions to determine what you are expecting and the amount of money you want. The mediator will then discuss the matter with both sides at a time. Then, you’ll make counter-offers and exchange offers to find a solution.
The negligent party and the injured victim wants to go to court Therefore, the best option is to settle through mediation. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury lawyer, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the majority of injuries are settled out of court, your attorney might decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant’s insurer.
During the trial, your attorney will present a case of peers before jurors. The jury will decide if the defendant was negligent, and if they were the amount of compensation that is due to cover your injuries, financial losses, and expenses.
During trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that financial damages are needed to cover your losses and expenses. The defense will make use of evidence to back up your claims, and stop them from having to pay any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, delivered by jurors or judges in a bench trial, will determine if the defendant was negligent, and if so, what amount of financial compensation you are entitled to.